Peter Kaimbi v Gedion M’ithima & 2 others [2019] KEELC 3019 (KLR)
- Court
- Environment & Land Court
- Case number
- 3019
- Citation
- [2019] KEELC 3019 (KLR)
- Decided
- 13 June 2019
The application is granted, but not urgent. The appellant is granted a temporary stay of execution of the judgment and decree of the lower court pending the hearing and determination of the application. The appellant is also granted security in the sum of Kshs.300,000/= to ensure the due performance of the decree or order that may be passed against him at the conclusion of the appeal.
Facts
The appellant/applicant was aggrieved by the decision and judgment of the learned magistrate in Nkubu P.M. ELC Case No. 39 of 2017, which cancelled the appellant’s title deed and ordered it to be registered in the name of the 1st plaintiff/1st respondent with immediate effect.
Issues
- Whether an order for stay of execution of the judgment and/or decree of the lower court should be made.
- Whether the appellant should be granted security to ensure the due performance of the decree or order that may be passed against him at the conclusion of the appeal.
Reasoning
The court granted the stay of execution order as the appellant was aggrieved by the decision and judgment of the learned magistrate and the risk of losing the appeal if the order was not granted.
Outcome
The appeal is granted.
Orders
- This matter is NOT certified urgent BUT will be heard on priority basis.
- Prayer 2 in the application is granted pending hearing and determination of the application SUBJECT to the applicant depositing as security with the ELC Court at Meru the sum of Kshs. Three Hundred Thousand (Kshs.300,000/=) within the next 21 days FAILING WHICH the grant of stay of execution granted herein will automatically lapse.
- Prayer (b) above is granted in consonance with the provisions of section 63 of the Civil Procedure Act.
- The applicant is directed to properly serve this application upon the respondents within 7 days of today.
- The parties are directed to appear before Hon. Lady Justice Lucy Mbugua or any other ELC Judge at Meru for hearing of the application or for apposite directions on 30th July, 2019 at 9.00am.
Remedies
- Stay of execution of the judgment and decree of the lower court pending the hearing and determination of the application.
- Security in the sum of Kshs.300,000/= to ensure the due performance of the decree or order that may be passed against the appellant at the conclusion of the appeal.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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